Okla. Admin. Code § 38:10-3-3

Current through Vol. 42, No. 4, November 1, 2024

Section 38:10-3-3 - Client welfare

(a)Titles 42 and 45 CFR. All drug or alcohol abuse treatment information, whether recorded or not, and all communications between a LADC or CADC and his or her client are both privileged and confidential. In addition, the identity of all clients who have received or are receiving drug or alcohol abuse treatment services is both confidential and privileged. Such information shall only be available to persons or agencies actively engaged in the treatment of the client unless an exception under state or federal law applies. The information available to persons or agencies actively engaged in the treatment of the client shall be limited to the minimum amount of information necessary for the person or agency to carry out its function or the purpose for the release.

(b)Discrimination. LADCs and CADCs shall not participate in, condone or promote discrimination on the basis of race, color, age, gender, religion, sexual orientation, or national origin.

(c)Credentials. LADCs and CADCs shall not misrepresent professional qualifications, education, affiliations, or services performed.

(d)Records.

(1)Retention. LADCs and CADCs shall maintain verifiable records necessary for rendering professional services to their clients for at least seven (7) years beyond termination of services, or in compliance with the employing agency's records disposition schedule.

(2)Confidentiality. LADCs and CADCs shall be responsible for securing the safety and confidentiality of any counseling record they create, maintain, transfer, or destroy whether the record is written, taped, computerized, or stored in any other medium.

(3)Client access. LADCs and CADCs shall provide the client with a copy of the client's record in accordance with state and federal law. In situations involving multiple clients, access to records is limited to those parts of the record that do not include confidential information related to another client.

(e)Dual relationships. LADCs and CADCs shall be aware of their influential positions with respect to clients, and shall not exploit the trust and dependency of clients. Examples of such relationships include, but are not limited to, familial, social, financial, business, professional or close personal relationships with clients. When the possibility that a dual relationship exists, the LADC and CADC shall take appropriate professional precautions such as informed consent, consultation, supervision and documentation to ensure judgment is not impaired and no exploitation occurs.

(f)Privacy.

(1) LADCs and CADCs shall not make inquiry into persons or situations not directly associated with the client's treatment.

(2) LADCs and CADCs shall respect the privacy of clients and hold in confidence all information obtained in the course of professional service except for the client's voluntary consent for release of information; in case of death or disability, with the written consent of a personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health or physical condition; when the person waives the privilege by bringing any public charges against the licensee; and for compelling reasons, which include, but are not necessarily limited to:

(i) consultation with another professional on behalf of the client;

(ii) duty to warn;

(iii) child abuse and sexual molestation; or,

(iv) any other situation in accordance with statutory requirements.

(g)Referral. The LADC or CADC shall not enter into a counseling relationship if he or she determines that he or she is unable to be of professional assistance to a client . LADCs and CADCs shall refer clients to appropriate sources when indicated. If the client declines the suggested referral, the LADC or CADC shall terminate the relationship.

(h)Confidentiality. LADCs and CADCs shall obtain informed consent of clients before audio or video taping, or recording or permitting third party observation of their activities.

(i)Sanctions. Any LADC or CADC who violates any provision of this subchapter shall be subject to sanction(s) as provided in the Licensed Alcohol and Drug Counselors Act.

Okla. Admin. Code § 38:10-3-3

Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/21/2014